United States Code

accompanying such notice information as to location and extent of present cultivation or improvement placed on the entry, and (b) a grant to the United States, for itself and for its lessees, licensees, and permittees, of a right to enter upon and occupy the lands which have not been prepared for cultivation or which have not had improvements placed on them, without recourse, for any purpose authorized by the public land laws, except that such grant need not include a right to construct permanent improvements on the land or to permit a substantial change in its character. (July 30, 1956, ch. 778, § 1, 70 Stat. 715.)

REFERENCES IN TEXT

Date of approval of this Act, referred to in the text, means July 30, 1956, the date of enactment of act July 30, 1956. CODIFICATION

Section is also set out as section 2371 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 336c, 336d of this title.

§ 336b. Same; applications on file as of March 1, 1956; filing of notice of intention; date of entry; rights of United States.

Any person who on March 1, 1956, had on file a homestead or desert land application which application shall be allowed on its merits subsequent to enactment of this Act and prior to March 1, 1959, shall not be required to enter upon the lands and commence residence thereon, or cultivate and improve the lands prior to March 1, 1959: Provided, That said person files with the land offices having jurisdiction over the area in which the land is located, (a) within sixty days after the date of allowance of his entry, a notice of his intention to delay initiation of his residence, cultivation, or improvements, and (b) at least ninety days prior to initiation of his residence, cultivation, or improvements, a notice of his intention to initiate said activity. For the purposes of the homestead and desert land laws, March 1, 1959, may be treated as the date of the entry, if an actual entry has not been made prior to that date. If an actual entry is made prior to March 1, 1959, the date of such actual entry shall be the date of entry for the purposes of the homestead and desert land laws. Until an actual entry by a person subject to the provisions of this section has been made, or until March 1, 1959, whichever first occurs, the United States, for itself and for its lessees, permittees, and licensees, shall retain the right to enter upon and occupy the lands in each such entry, without recourse, for any purpose authorized by the public land laws: Provided, That the United States, its lessees, permittees, and licensees, shall not construct permanent improvements on the lands or otherwise substantially change such lands in their character. (July 30, 1956, ch. 778, § 2, 70 Stat. 716.)

REFERENCES IN TEXT Enactment of this Act, referred to in the text, means July 30, 1956, the date of approval of act July 30, 1956.

CODIFICATION

Section is also set out as section 237g of this title.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 336a, 336c, 336d of this title.

§ 336c. Same; property right as personal and inheritable; assignment prohibited.

Notwithstanding any other provision of the desert land laws, the property right prior to issuance of patent to the lands in his desert land entry of an entryman who elects to suspend cultivation and improvement operations in accordance with section 336a of this title and of an entryman whose entry is allowed in accordance with section 336b of this title shall be a personal right, inheritable but not assignable. (July 30, 1956, ch. 778, § 3, 70 Stat. 716.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 336a, 336d of this title.

§ 336d. Same; lands to which applicable.

This section and sections 336a to 336c of this title shall apply only to applications filed for, or entries made on, public lands in the continental United States, exclusive of Alaska, pursuant to the Act of May 20, 1862 (12 Stat. 392; 43 U. S. C., ch. 7), as amended and supplemented, and pursuant to Act of March 3, 1877 (19 Stat. 377; 43 U. S. C., ch. 9), as amended and supplemented. Nothing in sections 336a to 336d of this title shall apply to applications filled for, or entries made on, public lands pursuant to the Act of June 17, 1902 (32 Stat. 388; 43 U. S. C., ch. 12), as amended and supplemented. (July 30, 1956, ch. 778, § 4, 70 Stat. 716.)

REFERENCES IN TEXT

Act of May 20, 1862, as amended and supplemented, referred to in the text, is classified generally to chapter 7 of this title.

Act of Mar. 3, 1877, as amended and supplemented, referred to in the text, is classified generally to this chapter.

Act of June 17, 1902, as amended and supplemented, referred to in the text, is classified generally to chapter 12 of this title.

CODIFICATION

Section is also set out as section 237h of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 336a of this title.

§ 337. Entry, after expenditures, perfected as homestead entry.

Where it shall be made to appear to the satisfaction of the Secretary of the Interior, under rules and regulations to be prescribed by him, with reference to any lawful pending desert-land entry made prior to March 4, 1915, under which the entryman or his duly qualified assignee under an assignment made prior to March 4, 1915, has, in good faith, expended the sum of $3 per acre in the attempt to effect reclamation of the land, that there is no reasonable prospect that, if the extension allowed by section 335 of this title or any law existing prior to March 4, 1915, were granted, he would be able to secure water sufficient to effect reclamation of the irrigable land in his entry or any legal subdivision thereof, the Secretary of the Interior may, in his discretion, allow such entryman or assignee five years from notice within which to perfect the entry in the manner required of a homestead entryman: Provided, That in cases where such entries have been assigned prior to March 4, 1915, the assignees shall, if otherwise qualified, be entitled to the benefit

Section is comprised of third paragraph of section 5 of act Mar. 4, 1915. First paragraph of such section 5 was classified to section 26 of Title 41, Public Contracts, was repealed by act June 30, 1949, ch. 288, title VI, § 602 (a) (20), 63 Stat. 401, eff. July 1, 1949, renumbered Sept. 5, 1950, ch. 849, § 6 (a) (b), 64 Stat. 583, and is covered by section 481 of Title 40, Public Buildings, Property and Works; second and fourth pars, of such section 5 are classified to sections 335 and 338 of this title, respectively.

Act Mar. 21, 1918 extended the provisions to include entries made prior to Mar. 4, 1915 and added the last proviso. Act Mar. 4, 1915 related to entries made prior to July 1, 1914.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 338 of this title.

§ 338. Election to perfect entry; final proof.

Any desert-land entryman or his assignee entitled to the benefit of section 337 of this title may, if he shall so elect within sixty days from the notice therein provided, pay to the officer designated by the Secretary of the Interior of the local land office the sum of 50 cents per acre for each acre embraced in the entry, and thereafter perfect such entry upon proof that he has upon the tract permanent improvements conducive to the agricultural development thereof of the value of not less than $1.25 per acre, and that he has, in good faith, used the land for agricultural purposes for three years and the payment to the officer, at the time of final proof, of the sum of 75 cents per acre: Provided, That in such case final proof may be submitted at any time within five years from the date of the entryman's election to proceed as provided in this section, and in the event of failure to perfect the entry as herein provided, all moneys theretofore paid shall be forfeited and the entry canceled: Provided, That in cases where such entries have been assigned prior to March 4, 1915, the assignees shall, if otherwise qualified, be entitled to the benefit hereof. (Mar. 4, 1915, ch. 147, § 5, 38 Stat. 1161; Mar. 21, 1918, ch. 26, 40 Stat. 458; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

CODIFICATION

Section is comprised of fourth paragraph of section 5 of act Mar. 4, 1915. First paragraph of such section 5 was classified to, section 26 of Title 41, Public Contracts, was repealed by act June 30, 1949, ch. 288, title VI, § 602 (a) (20), 63 Stat. 401, eff. July 1, 1949, renumbered Sept. 5, 1950, ch. 849, § 6 (a) (b), 64 Stat. 583, and is covered by section 481 of Title 40, Public Buildings, Property and Works; second and third paragraphs of such section 5 are classified to sections 335 and 337 of this title, respectively.

References to receiver were changed to register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated the offices of register and receiver and provided for a single officer to be known as register.

Act Mar. 21, 1918 added the last proviso.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set

out in the Appendix to Title 5, Government Organization and Employees.

References to "receiver" were changed to "register" by acts Oct. 28, 1921, and Mar. 3, 1925, and then to "officer designated by the Secretary of the Interior" and "officer" by 1946 Reorg. Plan No. 3. See notes under former sections 1, 70, and 71 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 339 of this title.

§ 339. Perfection of title to entry; supplementary provisions to sections 335, 337, and 338.

Where it shall be made to appear to the satisfaction of the Secretary of the Interior with reference to any lawful pending desert-land entry made prior to July 1, 1925, under which the entryman or his duly qualified assignee under an assignment made prior to March 4, 1929, has in good faith expended the sum of $3 per acre in the attempt to effect reclamation of the land, that there is no reasonable prospect that he would be able to secure water sufficient to effect reclamation of the irrigable land in his entry or any legal subdivision thereof, the Secretary of the Interior may, in his discretion, allow such entryman or assignee ninety days from notice within which to pay to the officer designated by the Secretary of the Interior of the United States land office 25 cents an acre for the land embraced in the entry and to file an election to perfect title to the entry under the provisions of this section, and thereafter within one year from the date of filing of such election to pay to such officer the additional amount of 75 cents an acre, which shall entitle him to a patent for the land: Provided, That in case the final payment be not made within the time prescribed the entry shall be canceled and all money theretofore paid shall be forfeited. (Mar. 4, 1929, ch. 687, 45 Stat. 1548; Feb. 14, 1934, ch. 9, 48 Stat. 349; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Words "the officer designated by the Secretary of the Interior" and "such officer" were substituted for "the register" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

§§ 351 to 355. Repealed. Pub. L. 88-417, § 1, Aug. 11, 1964, 78 Stat. 389.

Section 351, act Oct. 22, 1919, ch. 77, § 1, 41 Stat. 293, authorized the Secretary of the Interior to grant permits to explore for underground water.

Sections 352, 353, acts Oct. 22, 1919, ch. 77, §§ 2, 3, 41 Stat. 294; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to designation by the Secretary of lands subject to disposal,

Section 1 of Pub. L. 88-417 provided: "That, subject to any valid rights and obligations existing on the date of approval of this Act [Aug. 11, 1964], the Act of October 22, 1919 (41 Stat. 293; 43 U.S.C. 351-355, 357-360), is hereby repealed."

PROCESSING OF APPLICATIONS FILED PRIOR TO AUG. 11, 1964 Section 2 of Pub. L. 88-417 provided that: "Any valid application for permit under that Act [this chapter], on file with the Secretary of the Interior on the effective date of this Act [Aug. 11, 1964], may be processed in the same manner as if this Act [repealing sections 351-355 and 357-360 of this title] had not been enacted."

§ 356. Extension of time for development of water supply.

The Secretary of the Interior may, if he shall find that any permittee has been unable, with the exercise of diligence, to begin or continue operations for the development of underground waters within the time prescribed by sections 354 and 355 of this title, extend the time for the beginning, recommencement, or completion of the said operations described in said sections for such time, not exceeding two years, and upon such conditions as he shall prescribe. (Sept. 22, 1922, ch. 400, 42 Stat. 1012.)

REFERENCES IN TEXT

Sections 354 and 355 of this title, referred to in the text, were repealed by Pub. L. 88-417, § 1, Aug. 11, 1964, 78 Stat. 389.

CODIFICATION

Section was not enacted as a part of the Pittman Underground Water Act which comprises this chapter.

§§ 357 to 360. Repealed. Pub. L. 88-417, § 1, Aug. 11, 1964, 78 Stat. 389.

Sections 357, 358, act Oct. 22, 1919, ch. 77, §§ 6, 7, 41 Stat. 294, 295, provided for the disposition of land not included in patents, and for the payment of the proceeds of land sales into the reclamation fund, respectively.

Section 359, acts Oct. 22, 1919, ch. 77, § 8, 41 Stat. 295; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided for the reservation to the United States of coal and mineral rights, and for the disposition of such reserved rights.

Section 360, act Oct. 22, 1919, ch. 77, § 9, 41 Stat. 295, authorized the Secretary to prescribe rules and regulations.

SAVINGS PROVISIONS

§ 361. Authority to explore for, develop, and mark water holes, etc.

The Secretary of the Interior is authorized and empowered, in his discretion in so far as the authorization made herein will permit, to discover, develop, protect, and render more accessible for the benefit of the general public, springs, streams, and water holes on arid public lands of the United States; and in connection therewith to erect and maintain suitable and durable monuments and signboards at proper places and intervals along and rear the accustomed lines of travel and over the general area of said desert lands, containing information and directions as to the location and nature of said springs, streams, and water holes, to the end that the same may be more readily traced and found by persons in search or need thereof; also to provide convenient and ready means, apparatus, and appliances by which water may be brought to the earth's surface at said water holes for the use of such persons; also to prepare and distribute suitable maps, reports, and general information relating to said springs, streams, and water holes, and their specific location with reference to lines of travel. (Aug. 21, 1916, ch. 360, § 1, 39 Stat. 518.)

§ 362. Injury to signposts and filling up or fouling water supply.

Whoever shall willfully or maliciously injure, destroy, deface, or remove any of said monuments or signposts, or shall willfully or maliciously fill up, render foul, or in anywise destroy or impair the utility of said springs, streams, or water holes, or shall willfully or maliciously interfere with said monuments, signposts, streams, springs, or water holes, or the purposes for which they are maintained and used, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (Aug. 21, 1916, ch. 360, § 3, 39 Stat. 518.)

CROSS REFERENCES

Felony defined, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 363. Rules and regulations by Secretary.

The Secretary of the Interior is authorized to perform any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this chapter into full force and effect. (Aug. 21, 1916, ch. 360, § 4, 39 Stat. 518.)

Chapter 11A.-BOARD ON GEOGRAPHIC NAMES

Sec. 364.

Uniformity in geographic nomenclature and orthography; exercise of functions of Secretary of the Interior.

364a. Board on Geographic Names; establishment and membership; appointment and term of office. 364b. Formulation of principles, policies and procedures; action by Secretary; recommendations of Board. 364c. Studies, investigations, and records; staff assistance; advisory committees. 364d. Promulgation of decisions; furnishing information. 364e. Standardization of geographic names; abolition of United States Board on Geographical Names in the Department of the Interior; transfer of duties.

364f. Application to naming of offices or establishments.

§ 364. Uniformity in geographic nomenclature and § 364b. Formulation of principles, policies and proorthography; exercise of functions of Secretary cedures; action by Secretary; recommendations of the Interior. of Board.

The Secretary of the Interior, hereinafter called the Secretary, conjointly with the Board on Geographic Names, as hereinafter provided, shall provide for uniformity in geographic nomenclature and orthography throughout the Federal Government. The Secretary may exercise his functions through such officials as he may designate, except that such authority as relates to the final approval or review of actions of the Board on Geographic Names shall be exercised by him, or his Under or Assistant Secretaries. (July 25, 1947, ch. 330, § 1, 61 Stat. 456.)

TRANSFER OF FUNCTIONS

APPROPRIATIONS

Section 8 of act of July 25, 1947, authorized appropriation of such sums as might be necessary to carry out the purposes of this chapter.

§ 364a. Board on Geographic Names; establishment and membership; appointment and term of office. There is established a Board on Geographic Names, hereinafter called the Board. The membership of the Board shall include one representative from each of the Departments of State, Defense, Interior, Agriculture, and Commerce, and from the Government Printing Office, the United States Postal Service, and the Library of Congress. The Board may also include representatives from such Federal agencies as the Secretary, upon recommendation of the Board, shall from time to time find desirable, even though these agencies are in the departments otherwise represented on the Board. The members of the Board shall be appointed by the respective heads of the departments or independent agencies that they represent. Each member shall be appointed for a twoyear term but may be reappointed to successive terms. The members of the Board shall serve without additional compensation. The Board shall nominate a Chairman to be appointed by the Secretary, and shall establish such working committees as are found desirable. (July 25, 1947, ch. 330, § 2, 61 Stat. 456; Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579.)

AMENDMENTS

1949-Act Aug. 10, 1949, established the Department of Defense as an Executive Department and reduced the Departments of the Army, Navy, and Air Force to the status of military departments in the Department of Defense.

CHANGE OF NAME

References to the Post Office Department, the Postal Service, the postal field service, the field postal service, or the departmental service or departmental headquarters of the Post Office Department have been changed to the United States Postal Service, pursuant to Pub. L. 91-375, § 6(0), Aug. 12, 1970, 84 Stat. 783, set out as a note preceding section 101 of Title 39, Postal Service.

The Board, subject to the approval of the Secretary, shall formulate principles, policies, and procedures to be followed with reference to both domestic and foreign geographic names; and shall decide the standard names and their orthography for official use. The principles, policies, and procedures formulated hereunder shall be designed to serve the interests of the Federal Government and the general public, to enlist the effective cooperation of the Federal departments and agencies most concerned, and to give full consideration to the specific interests of particular Federal and State agencies. Action may be taken by the Secretary in any matter wherein the Board does not act within a reasonable time. The Board may make such recommendations to the Secretary as it finds appropriate in connection with this chapter. (July 25, 1947, ch. 330, § 3, 61 Stat. 456.)

§ 364c. Studies, investigations, and records; staff assistance; advisory committees.

The Secretary shall cause such studies and investigations to be made and such records to be kept as may be necessary or desirable in carrying out the purposes of this chapter, and he shall provide a place of meeting and staff assistance to the Board. The staff shall be responsible to the Secretary, who shall prescribe its relations to the Board and the committees of the Board. The Secretary may establish from time to time, upon recommendation of the Board, advisory committees of United States citizens who are recognized experts in their respective fields to assist in the solution of special problems arising under this chapter. (July 25, 1947, ch. 330, § 4, 61 Stat. 456.)

TRANSFER OF FUNCTIONS

§ 364d. Promulgation of decisions; furnishing information.

For the guidance of the Federal Government, the Secretary shall promulgate in the name of the Board, from time to time and in such form as will carry out the purposes of this chapter, decisions with respect to geographic names and principles of geographic nomenclature and orthography. The Secretary shall also furnish such additional information with respect to geographic names as will assist in carrying out the purposes of this chapter. (July 25, 1947, ch. 330, § 5, 61 Stat. 457.)

§ 364e. Standardization of geographic names; abolition of United States Board on Geographical Names in the Department of the Interior; transfer of duties.

With respect to geographic names the pertinent decisions and principles issued by the Secretary shall be standard for all material published by the Fed

eral Government. The United States Board on Geographical Names in the Department of the Interior created by Executive order, is abolished, and the duties of said Board are transferred to the Board herein created, and all departments, bureaus, and agencies of the Federal Government shall refer all geographic names and problems to the said Board for the purpose of eliminating duplication of work, personnel, and authority. (July 25, 1947, ch. 330. § 6, 61 Stat. 457.)

§ 364f. Application to naming of offices or establishments.

Nothing in this chapter shall be construed as applying to the naming of the offices or establishments of any Federal agency. (July 25, 1947, ch. 330, § 7, 61 Stat. 457.)

Chapter 12.-RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT

General authority of the Secretary of the Interior. Commissioner of Reclamation; appointment. Repealed.

Sale of lands acquired in connection with irrigation project.

Sec. 390.

390a.

390b.

390c.

390d.

390e.

Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation.

Conditions precedent for construction of dams,
reservoir, or water supply.

Development of water supplies for domestic,
municipal, industrial, and other purposes.
(a) Declaration of policy.

(b) Storage in reservoir projects; agreements
for payment of cost of construction or
modification of projects.

(d) Approval of Congress of modifications of reservoir projects.

Water reservoirs; interests of States and local agencies in storage space.

Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests.

Rights, acquisition and avaliability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract.

Revision of leases or agreements to evidence con-
version of rights to use of storage rights.

RECLAMATION FUND GENERALLY
Establishment of "reclamation fund”.
Advances to reclamation fund.

391a-1. Increase in reclamation fund; reimbursement of advances from Treasury.

391b. 392.

Reimbursement of moneys advanced to fund. Payments into reclamation fund of moneys received from entrymen and water-right appli

cants.

Same; receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs. Proceeds from sale of materials, etc. Proceeds from sale of products of or leases of withdrawn or reserved lands.

3901.

372.

Water right as appurtenant to land and extent of right.

391.

373.

391a.

373a.

373a-1. 374.

375.

Sale of land improved at expense of reclamation fund.

375a.

Sale under sections 374 and 375 of lands appraised at not exceeding $300.

392a.

375b.

Disposal of tracts too small to be classed farm units.

393.

Return of contributions to cooperative investigations of projects.

397.

397a.

398.

399.

400.

378.

Rent of office accommodations in District of Columbia.

Advances as item of cost of construction and maintenance of project.

401.

Amounts collected from defaulting contractors and their sureties.

402.

Contributions by State, municipality, etc.

Advances by Government for completion of projects initiated prior to June 25, 1910. Advances for operation and maintenance of projects.

Sales of Government certificates to obtain funds for advances.

Repayment of advances.

380a, 380b. Omitted.

381, 382. Repealed. 383.

Vested rights and State laws unaffected by certain sections.

384.

Extension of time for payment of charges accrued prior to March 2, 1924, and January 1,

411.

1925.

411a. 411a-1.

Reimbursement of moneys advanced under sections 391a and 397.

403, 404. Repealed.

INSTITUTION AND CONSTRUCTION OF PROJECTS
Surveys for, location, and construction of irri-
gation works generally.
Repealed.

Appropriations for investigations of feasibility
of reclamation projects.

Employment of engineers, geologists, appraisers, and economists for reclamation consultation work; compensation; retired Army and Navy officers as consulting engineers.

Prerequisites to initiation of project or division of project.

388.

Contracts for materials; liability of the United States.

389.

Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy.

Withdrawal of lands to be irrigated from and restoration to entry.

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